Atkinson v Gameco (NSW) Pty Ltd

The applicant, Atkinson, brought proceedings against the respondent, Gameco (NSW) Pty Ltd, alleging negligence. The dispute concerned an injury sustained by Atkinson while working on premises in Thailand owned by a third party. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the court were whether Gameco owed Atkinson a non-delegable duty of care in relation to the injury sustained on the third-party premises, and if so, whether Gameco had breached that duty. The court also considered the question of causation, specifically whether any breach by Gameco had caused Atkinson's injury, and whether the injury was the result of a casual act of negligence.

The Court of Appeal affirmed that an employer owes a non-delegable duty to its employees to take reasonable care for their safety. This duty extends to ensuring that work is carried out in a safe system and that employees are adequately trained in safety and risk assessment. The court found that Gameco had failed to provide adequate training to Atkinson regarding the risks associated with the work being undertaken on the third-party premises. Despite the injury occurring on premises not controlled by Gameco, the court held that Gameco's failure to adequately train Atkinson in safety and risk assessment was a breach of its non-delegable duty. The court was satisfied that this breach caused Atkinson's injury.

The appeal was dismissed, and Gameco was awarded its costs.